§ 3508 - Durable powers of attorney; when power of attorney not affected by disability
§ 3508. Durable powers of attorney; when power of attorney not affected by disability
(a) A durable power of attorney is created by an explicit term in the power of attorney that "This power of attorney shall not be affected by the subsequent disability or incapacity of the principal," or similar words showing the intent of the principal that the authority given the agent is intended to be exercisable notwithstanding the principal's subsequent disability or incapacity.
(b) If the principal intends that the power of attorney become effective upon the principal's subsequent disability or incapacity, the power of attorney shall state that fact, and specify the manner in which the disability or incapacity is to be determined.
(c) All acts done by an agent pursuant to a durable power of attorney during any period of disability or incapacity of the principal shall have the same effect as if the principal were not disabled or incapacitated. (Added 2001, No. 135 (Adj. Sess.), § 2, eff. June 13, 2002.)